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Allahabad High Court · body

2009 DIGILAW 29 (ALL)

SONIA KHOSLA v. S K SINGH

2009-01-07

V.K.SHUKLA

body2009
( 1 ) PRESENT contempt application has been moved requesting therein for initiation of contempt proceeding against S. K. Singh, Chief Judicial Magistrate , District Gautam Budh Nagar under the Contempt of Curt Act for knowingly, deliberately and willfully disobeying the order of this court dated 5. 5. 2008. ( 2 ) FACTUAL position, which is emerging in the present case is that two sets of criminal Misc. Application namely Criminal Misc. Application No. 10479 of 2008 and 10589 of 2008 had been filed before this court wherein this court passed following order, which is being quoted below. ( 3 ) 10479 of 2008 heard learned counsel for the applicant and learned A. G. A. This application has been filed with a prayer to quash the charge sheet in Case No. 1567 of 2007 under Sections 420, 467,468,469, 471, 409, 477, 477-A I. P. C. , P. S. Sector-20 Noida, District Gautam Budha Nagar. ( 4 ) IT is contended by learned counsel for the applicant that on the basis of matter collected by the I. O. , no offence is made out against the applicants and without doing proper investigation the charge sheet has been submitted. ( 5 ) IN reply to the above contention, it is submitted by learned A. G. A. that this submission may be considered by the court concerned in case the applicant move discharge application or at the time of framing of charge. ( 6 ) HOWEVER, considering the submissions made by learned counsel for the applicant and learned A. G. A. It is directed that in case the applicants move discharge application before the Court concerned within 30 days from today, the same shall be considered and disposed of expeditiously in accordance with the provisions of law. Till then, no coercive steps shall be taken against the applicant. With this direction, the application is finally disposed of. ( 7 ) 10589 of 2008 heard learned counsel for the applicant and learned A. G. A. This application has been filed with a prayer to quash the charge sheet in Case No. 1567 of 2007 under Sections 420, 467,468,469, 471, 409, 477, 477-A I. P. C. , P. S. Sector-20 Noida, District Gautam Budha Nagar. ( 7 ) 10589 of 2008 heard learned counsel for the applicant and learned A. G. A. This application has been filed with a prayer to quash the charge sheet in Case No. 1567 of 2007 under Sections 420, 467,468,469, 471, 409, 477, 477-A I. P. C. , P. S. Sector-20 Noida, District Gautam Budha Nagar. ( 8 ) IT is contended by learned counsel for the applicant that on the basis of matter collected by the I. O. , no offence is made out against the applicants and without doing proper investigation the charge sheet has been submitted. ( 9 ) IN reply to the above contention, it is submitted by learned A. G. A. that this submission may be considered by the court concerned in case the applicant move discharge application or at the time of framing of charge. ( 10 ) HOWEVER, considering the submissions made by learned counsel for the applicant and learned A. G. A. It is directed that in case the applicants move discharge application before the Court concerned within 30 days from today, the same shall be considered and disposed of expeditiously in accordance with the provisions of law. Till then, no coercive steps shall be taken against the applicant. With this direction, the application is finally disposed of. ( 11 ) FROM the record, it has been reflected that copy of the order was produced before the court below on 22. 5. 2008 and thereafter order sheet has been appended upto the date, dated 18. 7. 2008. Order sheet reflects that on 9. 6. 2006, copy of documents had been asked for, and for said purpose, 11. 6. 2008 was date fixed for supply of copies, and thereafter on 11. 6. 2008 copies were supplied, and discharge application was moved on 17. 6. 2008. Thereafter, further detail has not at all been disclosed in the contempt application. ( 12 ) IN the present case, contempt application has been filed against the Chief Judicial Magistrate. In the present case, it cannot be said that it is a case of deliberate or willful committal of any civil contempt by officer concerned, as officer concerned has been endeavouring to decide the matter as per the order sheet. ( 12 ) IN the present case, contempt application has been filed against the Chief Judicial Magistrate. In the present case, it cannot be said that it is a case of deliberate or willful committal of any civil contempt by officer concerned, as officer concerned has been endeavouring to decide the matter as per the order sheet. It has also been alleged that order passed by this court is ex -parte and contrary to dictum of Honble Apex Court, in the case of Sheela Rani Vs. State of U. P. 2006 (2) SCC (Cr) 256. In case order passed by this court is ex-parte, then it is always open to the applicant to move concerned court for recall of the said order or request concerned court to fix time frame for Magistrate concerned to decide the case. Consequently, present contempt application is dismissed. .